The purpose of the present General Terms and Conditions of Sale is to define the contractual relationship between the Customer and DELIV4U.
They complement the General Terms and Conditions of Use of the DELIV4U Application and the Privacy Policy available at [link].
They apply to the Services offered on the DELIV4U Application and the Website and in particular to the connection with our partner couriers in order to provide the Customers with Courier Services and Emergency Deliveries.
Together, these documents form the Contract. In case of contradiction between these documents, the provisions of these General Conditions shall prevail.
The unreserved acceptance of the Contract is an indispensable and obligatory prerequisite.
It results for the Customer from a click on the box corresponding to the acceptance of the contractual conditions when ordering a Courier Service or an Emergency Delivery Service on the DELIV4U Application.
The General Terms and Conditions of Sale applicable are those in force on the day of the Order Simple or Premium from the DELIV4U Application.
"E-mail address":
Refers to the e-mail address used as an
identifier for the Customer's DELIV4U Account during the creation of an Account on the Site and to
which the Registration confirmation e-mail and any subsequent notification (alert, notice of receipt,
etc.) will be sent.
"DELIV4U Subscription":
Means the Mobile Application accessible by
Customers to order Services from Couriers and Emergency Deliveries.
"Article(s)":
Refers to any object, mail or parcel delivered to
the Courier ordered via the DELIV4U Application
to be delivered to the Recipient indicated by the
Client.
"Client" or "you":
Refers to
any natural person or any legal entity (its representatives and/or any natural person authorized to act
on its behalf) or any entrepreneur acting in a professional capacity, who uses the DELIV4U Application
to order a Courier and Emergency Delivery Service.
"Simple Order":
Refers to the ordering of a Courier by the
Customer via the DELIV4U Application in order to have any Item delivered urgently.
"Premium Order":
Definition identical to that of a simple order
with the exception that the Customer benefits from a goods insurance granting him/her reinforced
protection in case of theft or loss of theArticle to be delivered.
"Account":
Refers to the DELIV4U Account opened by a Customer with
a Subscription, allowing the latter to identify himself (by entering his e-mail address and password),
to benefit from aCustomer Area and to subscribe to the various services of the DELIV4U Application. This
account includes the Username, Password and all the Customer's personal data and preferences.
"Content":
All content related to the Website and/or the
Application, including, without limitation, elements such as images, photos, animations, videos, audio
files, fonts, logos, illustrations, compositions, artwork, interfaces, texts and any other documents.
"Courier(s) or Deliverer(s)":
Refers to any person holding an
account on the DELIV4U Application and providing Courier and Emergency Delivery Services.
"DELIV4U" or "we" or
"our":
Designates DELIV4U, a simplified joint stock company with
a share capital of ... euros, registered in the Trade and Companies Register of ... under the number
..., whose registered office is located ... - PARIS.
"Recipient":
Means any natural or legal person to whom the Courier
requested by the Client via the DELIV4U Application, must deliver one or more Items.
The "Customer Area":
Refers to the personal online space reserved
for the Customer who has an Account allowing him to manage his personal data, his preferences and
consult the follow-up of orders, from the DELIV4U Application and the Website.
"Identifier":
Refers to the e-mail address chosen by the Customer
to identify himself/herself on the DELIV4U Application and the Website and to access it.
"Identification":
Refers to the procedure by which the Customer
can uniquely identify himself.
"Digital Identity (NI):
Refers to the information that identifies an
Internet user, verified by DELIV4U when it isDELIV4U's Digital Identity or by third parties when
the Digital Identity is issued by a third company. In the latter case, it must be compatible with the
current service.
"Delivery or Race":
Means the transport of the Item by the Courier
required by the Customer to the Consignee.
"Password":
Refers to the confidential code given by the Client
which, combined with a User ID, allows him/her to access his/her Account. It is a sequence of characters
entered by the Client, constituting his personal, exclusive and confidential code.
"Awards":
Means the amount of money that a Customer is required to
pay for the provision of the Courier and Emergency Delivery Services.
"DELIV4U services:
Means the services that DELIV4U provides to you,
including the provision and maintenance of the DELIV4U Application and the DELIV4U platform, the Site,
the DELIV4U TransportProfessional Personal Account, customer support, mediation relating to payments and
communication between you and the Courier and other similar support services, as described in these
Terms and Conditions or in the Contract.
"Emergency Courier and Delivery Service(s):
Refers to the services
provided to the Customer by the Courier who has accepted the Customer's Order via the DELIV4U
Application.
"Electronic signature":
Refers to a reliable identification
process that guarantees the authenticity of an electronic document and the identity of the signatories
(article of the1367 Civil Code).
"Site":
Refers to the website published and operated by DELIV4U,
accessible in particular from the address URL deliv4u.fr.
Except in the cases of force majeure referred to in the 20present article, DELIV4U ensures, within the framework of an obligation of means, the availability and accessibility of theDELIV4U Application, 24 hours a day, 7 days a week.
All equipment, communications and other costs and charges necessary to connect, access and use the Application for Courier Orders are and shall remain the responsibility of theCustomer.
All Customers undertake not to hinder the proper functioning of the Application in any way whatsoever, in particular by transmitting any element likely to contain a virus or likely to damage or affect the Application and, more generally, the information system of DELIV4U and/or its partners.
All Customers acknowledge that they know and understand the Internet and its limits, in particular its functional characteristics and technical performance, the risks of interruption, the response times for consulting, querying or transferring information, and the risks, whatever they may be, inherent in any data transfer, in particular on an open network.
Ordering on the Application does not require a DELIV4U Account.
If the Customer does not have a DELIV4U Account, he/she can still place Orders.
The Customer's subscription to a DELIV4U Subscription requires a prior DELIV4U account.
The conditions applicable to the Account are subject to the Customer's prior acceptance and the terms and conditions for subscribing to the DELIV4U Subscription are available at the following address [link].
Where the subscription to a service concerns a protected adult, only the person designated by the guardianship judge may take out the contract on behalf of the protected adult.
The Customer designated by the guardianship judge subscribing to a service on behalf of a protected adult guarantees DELIV4U that he is in possession of the judge's decision attesting to his designation.
In the event of divorce, the person with parental authority over their minor children may order Services on their behalf.
It is up to the person contesting an order to justify his or her right to act by presenting a decision of the family court (or failing that a written agreement signed by both parents with parental authority)
In the event of a justified dispute with DELIV4U, the Subscription will be terminated without reimbursement of the sums previously paid.
The service subscriber will be notified of this interruption by e-mail.
In particular cases of subscription, the Customer declares on his honor that he is entitled to subscribe to the Subscription on behalf of others.
The Customer guarantees DELIV4U against any action that may be brought against it, or any complaint that may be filed against it, by a third party, as a result of a false statement made by the Customer when subscribing to the Subscription.
This guarantee covers any sum that DELIV4U would be required to pay to third parties in the context of any action.
Customers who wish to place an Order on the DELIV4U Application must make their selection and add their Order to the basket.
Once the Order has been validated, the Customer may finalise the Order.
The order will only be registered after the last validation of the summary screen of the order.
The Customer's acceptance is validated, in accordance with the double-click procedure, by the order confirmation click.
At this stage, the Customer is redirected to a page inviting him/her to enter his/her contact details, the Recipient's details and his/her delivery options with the price of the Order concerned.
In order to pay for the Order, the Customer chooses the method of payment. This implies an obligation of payment.
As soon as the payment is made and validated, a page confirming payment of the Order is displayed. This page contains the summary of the Order. At the same time, an e-mail confirming the Order is sent to the Customer's e-mail address.
Customers who have subscribed to a DELIV4U Subscription can track the status of their Order via their Customer Area.
DELIV4U reserves the right to block an Order, in particular in the event of suspected or proven fraud (compromise of identifiers, etc.) under the conditions set out in the"Termination - Default" article 14 of these Terms.
The Prices of the Orders for Courier Services and Emergency Deliveries are shown on the price list available on the DELIV4U Application and the Website at the following address[link].
Prices are indicated in Euros (€) and exclusive of tax (HT). Prices are subject to change at any time.
The applicable Prices are those in force at the time the Order is validated.
The applicable VAT rate shall be the one in force at the time the Order is validated and indicated to the Customer at the time the Order is placed.
The total amount due by the Customer is indicated on the Order confirmation page.
Only credit cards are accepted as a means of payment on the DELIV4U Application (CB, Visa, MasterCard, EuroCard, American Express).
The bank card can be used to pay for any transaction regardless of the amount.
The list of accepted credit cards is shown on the Application and the Site. Bank details are kept in accordance with the legal provisions in force.
For any payment by credit card, the Customer guarantees that he/she is the cardholder or has the express authorization of the cardholder to pay for the purchase.
Any fraudulent use of a bank card will result in the suspension of the Account if the Customer has subscribed to a Subscription under the conditions detailed in the "Termination- Default" article14 herein.
Certain security features can be implemented to secure the payment of Controls.
These secure payment facilities will be implemented in certain dependent cases by example of the payment amount.
The DELIV4U Subscription offers the Customer the possibility to register his bank details and to be able to re-use them without having to re-enter them at each payment.
In the event of rejection of payment or cancellation of a direct debit already made, late payment penalties will be applied by operation of law, the amount of which is calculated on the sum still to be paid from the day following the due date for payment (including in the event of cancellation of a direct debit already made) until the day on which payment is effective.
The rate applied is the interest rate applied by the European Central Bank to its the most recent refinancing operation plus %10.
The Emergency Courier and Delivery Service is limited to the following departments and towns in the Ile de France region:
Delivery times are:
In the event of difficult weather conditions (heavy rain, ice, snow, strikes, demonstrations, unforeseen road works, etc.), the delivery times may be extended by a quarter of an hour to thirty minutes compared to the announced times.
The delivery period shall run, except in the event of an event not attributable to the Supplier(in particular, days when there is a traffic ban, cases of force majeure), from the time when the courier takes charge of the Article(s) until the presentation of the Article(s) to the recipient designated by the Customer.
Deliveries are made by the Courier on the day of the Customer's Order if the following conditions are met:
When placing an Order, the Client shall indicate the exact, precise and complete address of the Recipient.
He/she is responsible for the entries he/she makes on the Article.
A usable address is one in French, in Latin characters and numbers Arabic, without punctuation marks and in this order:
DELIV4U's partner couriers take charge of the Items entrusted to them insofar as they comply with these General Terms and Conditions of Sale.
Failing this, the Courier reserves the right to refuse treatment.
The Items will be returned to the Client if the Courier is unable to carry out its mission especially if :
Where the Courier is not aware of the non-conformity at the time of collection of the Item from the Customer, the handling of non-conforming Items does not relieve the Customer of its responsibility.
The Customer is obliged to properly pack and package each Item in a single, indivisible container so that it can, in particular:
The packaging and packing of the Article is the sole responsibility of the Customer who must adapt it to the content.
The packaging is to be used without any additions by the Customer that could cause injury to the Couriers.
DELIV4U cannot be held responsible in the event of non-compliance with these General Terms of Sale.
The Courier will not take charge of Items that do not comply with these General Terms andConditions of Sale, when it is aware of this non-compliance at the time of collection.
The Customer also undertakes not to entrust the Couriers with items containing insults, threats or statements contrary to public order or morality or damaging to the image of DELIV4U.
The Customer undertakes to comply with national regulations and in particular those against corruption, anti-terrorism and money laundering.
If Items excluded under this section are delivered to and identified as such by the Couriers,DELIV4U and the partner Couriers reserve the right to:
The Customer acknowledges that the following items may not be transported:
In the event that the Client inserts prohibited content, no compensation may be paid to the Client.
DELIV4U cannot be held responsible for the deterioration of perishable goods, nor for the consequences of such deterioration, particularly in the event of a delay in delivery.
The Application and the Website are protected by intellectual property rights and/or other rights that DELIV4U holds or is authorised to use.
The Customer may not store (except for connection sessions, if any), reproduce, represent, modify, transmit, publish, adapt on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, any of the elements of the DELIV4U Application and/or the Website without the prior written permission of DELIV4U.
Any extraction and/or reuse without authorisation of one or more databases drawn or copied or made from the Contents of the Application and/or the Site, whether directly or not, is subject to civil and criminal penalties.
DELIV4U and/or the Customer are and will remain the owners, each insofar as they are concerned, of their distinctive signs, in particular trademarks, company names and other names, commercial names, signs and domain names.
The reproduction,imitation or affixing,in whole or inpart,of trademarks and designs models belonging to DELIV4U is strictly forbidden without its prior written consent.
Any Customer may be required to provide personal data concerning him/her, in particular when registering, in order to use the DELIV4U Application and to order a ride.
For information on the purposes of the processing of personal data, the legal bases, the duration of data retention as well as the exercise of Clients' rights, please refer to the following link [link].
DELIV4U uses cookies to facilitate and improve your browsing experience and to provide you with appropriate content.
For more information, DELIV4U invites you to consult its Cookie Policy (link).
In accordance with Article L. 221-28, 1° of the Consumer Code, the Customer does not benefit from no right of withdrawal.
DELIV4U makes no warranty as to the ability of the Application to meet the expectations or special needs of the Customer.
Similarly, DELIV4U cannot guarantee that no error or other malfunction will occur during the use of the Application.
DELIV4U can in no way be held responsible for the reliability of data transmission, access times, or any access restrictions on the Internet or the networks connected to it.
DELIV4U cannot be held liable in case of interruption of the networks providing access to the Application and/or the Website, in case of total or partial unavailability of the Application and/or the Website resulting in particular from the telecommunications operator, in case of transmission errors or problems related to the security of transmissions, in case of failure of the Customer's reception equipment or Internet access.
DELIV4U reserves the right to temporarily interrupt all or part of the Application and/or the Site for reasons relating to the security of the Application and/or the Site or the Customer or to a breach by the Customer of any of its obligations under these terms and conditions.
DELIV4U shall not be held responsible for the fraudulent use by a third party of the Customer's Identifier and Password, which are confidential.
DELIV4U is only liable for direct damage resulting from its own failures.
DELIV4U cannot be held responsible in the event of non-compliance with these General Terms and Conditions of Sale, in particular those relating to the packaging and contents of the shipments.
In any event, DELIV4U shall not be liable if the damage results from :
Under no circumstances will DELIV4U be liable for damages such as: financial or commercial loss, loss of customers, any commercial disturbance, loss of profit, damage to brand image, loss of computer programs suffered by the Customer, which damages are, by express agreement, deemed to be indirect damages.
DELIV4U shall not be liable and shall not be deemed to have failed to fulfil its obligations in the event of non-performance of all or part of its obligations when these result from a case of force majeure.
In this case, DELIV4U will inform the Customer and will seek with him the measures to be taken to remedy the situation under the conditions set out in the "Force Majeure" article.
In the event of a fault attributable to DELIV4U in the performance of its obligations, DELIV4U shall reimburse the sum paid by the Customer for the Order made, to the exclusion of any other compensation.
The Client is solely responsible for:
The Customer guarantees DELIV4U against any claim or action by a third party who would invoke a infringement of its rights as a result of the Customer's use of the Application and/or the Site.
The Customer acknowledges that any use of the Application and/or the Site, and more particularly any access to his Account with his identification details, is presumed to have been made by the Customer and will be imputed to him, it being the Customer's responsibility to prove the contrary.
The Customer undertakes not to modify, attempt to modify or damage the Application and/or the Site in any way whatsoever and not to use any software or any form of computer program with the aim of reaching or making available any protected or not freely available content.
It is also forbidden to create a work or a site derived from all or part of the Application and/or the Site.
The Customer undertakes to inform DELIV4U without delay, by any means, of any error, fault or irregularity that he/she notices in the use of the Application and/or the Website, as soon as he/she becomes aware of it.
However, in the event of a security alert (anti-virus check, etc.), a request from an authority (administrative, judicial, etc.), an alert from another user or Customer, or a breach of the provisions of article DELIV4U14, reserves the right to :
Liability claims shall be barred within one year from the day after the day on which the Article was taken by the courier.
The Customer shall send his complaint to DELIV4U or obtain information at the following e-mail address following link: [link].
The Customer is informed that he/she has a period of one year in which to make a complaint about Orders placed.
The submission of a complaint shall give rise to the issue of an acknowledgement of receipt which shall be deemed to be proof of the date of the claim.
DELIV4U undertakes to respond to the complaint within a period of days21 calendar days from the receipt of the complaint.
After informing the claimant, DELIV4U may, if necessary, carry out an in-depth investigation if it deems it necessary.
The above-mentioned processing times are then suspended.
The implementation of the complaints procedure does not suspend the limitation periods provided for in Article 11.3.
In accordance with Articles L. 611-1 et seq. and R. 612-1 et seq. of the French Consumer Code, for any contractual dispute relating to the performance of a contract of sale or provision of services that could not be resolved through a complaint previously submitted to DELIV4U, the Customer may have recourse to free mediation.
He/she may contact the National Association of Mediators (ANM) either by mail by writing to 62, rue Tiquetonne - 75002 PARIS, or by e-mail by filling out the online complaint form at the following address: https://www.anm-conso.com.
The Customer may also use the online dispute resolution service offered by the European Commission in accordance with Article of 14Regulation (EU) No 524/2013 on the online settlement of consumer disputes of May 212013.
This Online Dispute Resolution (ODR) platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
The Customer may also visit the website of the Ministry of the Economy, Finance and Recovery on consumer mediation in order to obtain all useful information in the event of a national or cross-border dispute: www.economie.gouv.fr/mediation-conso.
In the event of any breach by the Customer, and in particular in the event of fraud, DELIV4U reserves the right to immediately take the necessary measures to remedy the breaches observed, such as:
DELIV4U informs the Customer by any means (in particular by e-mail), and if necessary by registered letter with acknowledgement of receipt, in particular of the amount of the fraud due to DELIV4U and the methods of regularisation.
For any complaint or request for further information concerning fraud, the Customer is invited to contact customer service by email at the following address [link].
The fact that the Customer and/or DELIV4U do not take advantage of a breach by the defaulting party of any of the obligations resulting from the Contract shall not be interpreted as a waiver of the obligation in question.
In the event that one of the clauses of these General Terms and Conditions of Sale is declared null and void or deemed unwritten, all other clauses shall continue to apply.
In the event of a change in legal or factual circumstances, new General Terms and Conditions of Sale will be drawn up.
The modified General Terms and Conditions of Sale will then be applicable and will replace the present ones, as from the date of entry into force mentioned in the present General Terms and Conditions of Sale.
Any notice required hereunder shall be given to the other party by email.
Such notification shall be deemed to have been received by the other party on the first day of working day following its receipt.
DELIV4U and the Customer agree to set the rules of evidence admissible between them in the event of a dispute and their probative value.
It is agreed that clicking on the acceptance button of the contractual conditions manifests the consent of the Client.
The Contract is definitively formed between DELIV4U and the Customer when the Customer clicks on the "Validate" icon after having validated the payment, if applicable, and when DELIV4U has accepted this payment after checking the bank details.
In the event of a dispute concerning the reality or the terms of the transaction, the computer records provided by the bank payment server will be considered as proof between DELIV4U and the Customer.
DELIV4U and the Customer accept that in the event of a dispute, the means of identification (e-mail address, password, connection data relating to actions carried out from the Application and/or the Website and in particular from the Accounts used within the framework of the Application) will be admissible in court and will constitute proof of the data and facts they contain, as well as of the signatures and identification procedures they express.
The Customer accepts that in the event of a dispute with DELIV4U, his verified digital identity is admissible in court. Proof to the contrary may be provided.
The Parties shall not be liable in the event of force majeure as provided for in the article of the 1218 Civil Code.
The Party invoking force majeure must notify the other Party by any means as soon as possible after the event. that it was aware of it.
If the impediment is temporary, force majeure suspends the performance of the relevant contractual obligations for the duration of the force majeure event.
In the event of suspension for a period of more than thirty (30) calendar days, either Party may terminate these Terms by email to the other Party.
The Party prevented from fulfilling its obligations shall endeavour to mitigate or remove the effects thereof as soon as possible by any reasonably appropriate means.
If the impediment is definitive, these Conditions shall be terminated ipso jure and the Parties shall be released from their obligations under the conditions provided for in Articles and 13511351- of the1 Civil Code.
These General Terms and Conditions of Sale shall be exclusively governed by and construed in accordance with French law, without regard to principles of conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods of April 1, 1949. 111980.
Any dispute relating to the existence, validity, interpretation, performance or termination of these Conditions shall be settled amicably in accordance with Article 13 hereof.
If the dispute arising from these Conditions cannot be settled amicably, this dispute will be brought before the competent French courts.
Date of entry into force: April 18, 2022
